Legal Opinion
Eli Lilly & Co. v. Premo Pharmaceutical Laboratories, Inc.
Court of Appeals for the Third Circuit
Decided July 11, 1980No. 79-1954PublishedCited by 37 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
On this appeal from an order granting preliminary injunctive relief in a patent case, we are presented inter alia with the provocative question whether, in determining that a new chemical compound was “nonobvious” in view of prior art, all of the properties of the drug may be considered, or whether the structural similarity between the new compound and the prior art constitutes a per se bar to patentability. Appellant also raises several other issues regarding the validity of the patent at issue here, and urges that the district court abused its…
2Cases cited38 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
- Hotchkiss v. GreenwoodSupreme Court of the United States · 1851
- Delaware River Port Authority v. Transamerican Trailer Transport, Inc.Court of Appeals for the Third Circuit · 1974
- Eli Lilly and Company, Inc. v. Generix Drug Sales, Inc., Caribe Chemical Company, Inc., Ellencee Pharmaceutical Laboratories, Inc., (Three Cases)Court of Appeals for the Fifth Circuit · 1972
33 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Kershner v. MazurkiewiczCourt of Appeals for the Third Circuit · 1982
- United States v. PriceCourt of Appeals for the Third Circuit · 1982
- Abbott Laboratories v. Sandoz, Inc.Court of Appeals for the Federal Circuit · 2008
- Klitzman, Klitzman and Gallagher v. Robert J. Krut, Vernon Holmes, W. Hunt Dumont, Michael MilnerCourt of Appeals for the Third Circuit · 1984
- Freixenet, S.A. And Freixenet Usa, Inc. v. Admiral Wine & Liquor Co. D/B/A Admiral-Cattani Wines, Trentacoste Bros. Inc. And Canals & Nubiola, S.ACourt of Appeals for the Third Circuit · 1984
32 more not listed; retrieve them via the Exa API.